8113 Rules and Regulations Federal Register Vol. 86, No. 22 Thursday, February 4, 2021 This section of the FEDERAL REGISTER On January 6, 2020, CCC published an wetland restoration, easement contains regulatory documents having general interim rule with request for comments administration action, grazing applicability and legal effect, most of which in the Federal Register (85 FR 558–590) management plan, and nonindustrial are keyed to and codified in the Code of that implemented mandatory changes private forest land; Federal Regulations, which is published under made by the 2018 Farm Bill or that were • Removed definitions for: Active 50 titles pursuant to 44 U.S.C. 1510. required to implement administrative agricultural production, forest land, The Code of Federal Regulations is sold by improvements and clarifications. This forest land of statewide importance, and the Superintendent of Documents. final rule adopts, with minor changes, projects of special significance; the interim rule. • Made changes to easement administration actions, including Discussion of ACEP (7 CFR part 1466) DEPARTMENT OF AGRICULTURE specifying the criteria that apply to each ACEP helps farmers and ranchers type of easement administrative actions; Commodity Credit Corporation preserve their agricultural land and • Made revisions to the restore, protect, and enhance wetlands environmental markets section in 7 CFR Part 1468 on eligible lands. The program has two response to the 2018 Farm Bill; [Docket ID NRCS–2019–0006] components: • Removed the requirement that an (1) Agricultural land easements eligible entity provide evidence at the RIN 0578–AA66 (ACEP–ALE); and time of application that they have funds (2) Wetland reserve easements available to meet the minimum cash Agricultural Conservation Easement (ACEP–WRE). Program contribution requirement; The Secretary of Agriculture • Eliminated the requirement that AGENCY: Natural Resources delegated authority to the Chief, NRCS, land with a certain amount of forest Conservation Service (NRCS) and the to administer ACEP. land have a forest management plan; Through ACEP–ALE, NRCS provides Commodity Credit Corporation (CCC), • Replaced the term ‘‘proposed’’ with matching funds to eligible entities that United States Department of ‘‘permitted’’ in text about the types of are State, Tribal, and local governments, Agriculture. rights-of-way, infrastructure and nongovernmental organizations ACTION: Final rule. development, or other adjacent land with farm and ranch land protection uses whose impacts may cause land to programs, to purchase agricultural land SUMMARY: This final rule adopts, with be considered ineligible; easements. Agricultural land easements minor changes, an interim rule • Specified that under a BPS are permanent or for the maximum published in the Federal Register on transaction, the eligible entity for January 6, 2020. The interim rule duration authorized by State law. Through ACEP–WRE, NRCS protects meeting payment eligibility implemented changes to ACEP that requirements (highly erodible land and were necessitated by enactment of the wetlands on eligible lands by purchasing an easement directly from wetland conservation, and Adjusted Agriculture Improvement Act of 2018 Gross Income (AGI)) is the landowner (the 2018 Farm Bill) and changes for eligible landowners or entering into 30- year contracts on acreage owned by unless the eligible entity sells the fee administrative streamlining title to a qualified farmer or rancher improvements and clarifications. This Indian Tribes, in each case providing for the restoration, enhancement, and prior to, or at the time of, the easement final rule makes permanent many of the closing, in which case the farmer or changes made in the interim rule, protection of wetlands and associated lands. Wetland reserve easements may rancher purchaser must meet payment responds to comments received, and eligibility requirements; makes further adjustments in response be permanent, 30-years for acreage • owned by Indian Tribes, or the To address BPS transactions, to some of the comments received. specified that eligible lands owned by DATES: Effective: February 4, 2021. maximum duration authorized by State law. the eligible entity may be eligible for FOR FURTHER INFORMATION CONTACT: Participation in either ACEP–ALE or enrollment if the land is owned, on a Carrie Lindig, (202) 720–1882, or ACEP–WRE is voluntary. transitional basis, to protect the land [email protected]. Persons with The interim rule: through securing an agricultural land disabilities who require alternative • Incorporated changes to the ACEP easement on the land and to transfer fee means for communication should purposes to limit nonagricultural uses title ownership to a farmer or rancher; contact the USDA Target Center at (202) that negatively affect agricultural uses • Specified eligibility requirements 720–2600 (voice). and conservation values; related to BPS transactions; SUPPLEMENTARY INFORMATION: • Added language to specify general • Specified that NRCS will consider monitoring responsibilities under eligible entity cash contribution toward Background ACEP–ALE and ACEP–WRE; the easement purchase price and The 2018 Farm Bill reauthorized and • Removed references to the Regional measures to increase agricultural amended ACEP. The 2018 Farm Bill Conservation Partnership Program viability as ranking criteria; authorized the use of the existing (RCPP) as the 2018 Farm Bill revised • Specified that appropriate terms regulations that had been implemented RCPP as a stand-alone program, which and conditions must be included in the under the Agricultural Act of 2014 for is now in 7 CFR part 1464; easement deed to address items agreed the remainder of FY 2019 to the extent • Added definitions to reflect 2018 to by the eligible entity as a matter of that those regulations were consistent Farm Bill changes: Buy-protect-sell ranking and basis for selection for with the 2018 Farm Bill changes. (BPS) transaction, monitoring report, funding; VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES 8114 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations • Removed the requirement for the • Included water quality as an • ALE Contribution Requirements; eligible entity to contribute its own cash additional priority along with the • ALE Deed Requirements and Terms; resources in an amount equal to 50 priority placed on acquiring wetland • ALE Entity Certification; • percent of the amount of the Federal reserve easements based on the value of ALE Land Eligibility Issues; • ALE Planning; share; the easement for protecting and • • Specified the incurred costs by the enhancing habitat for migratory birds ALE Program Requirements; • ALE Ranking; eligible entity associated with securing and other wildlife; • • Specified that grazing under reserve Definitions; a deed to the easement that may be • Easement Administration Actions; included in the calculation of the non- grazing rights wetland reserve easement • Environmental Markets; Federal share, and that the source and or 30-year contract must comply with a • Fund Allocations; limit of other costs that may be included wetlands reserve plan of operations • Landowner Eligibility—AGI in the calculation of the non-Federal (WRPO) developed by NRCS, which Limitation Waiver; share; may include a grazing management plan • Program Administration; and • Removed reference to the component, and identified that the plan • WRE Issues. availability of waivers for grasslands of may be reviewed and modified as This final rule responds to the necessary, at least every 5 years; and comments received by the public special environmental significance since • the specific eligible entity cash Included new provisions related to comment deadline and makes minor contribution requirement was removed; the evaluation and authorization of clarifying and related changes. • compatible uses on wetland reserve Added specificity to the right of ALE Buy-Protect-Sell Transactions enforcement conveyed to NRCS under easements, including that in evaluating the terms of an agricultural land and considering compatible uses NRCS BPS transactions are arrangements easement; will consider whether the use will under ALE, first authorized under the 2018 Farm Bill, between NRCS and an • Removed the requirement that the facilitate the practical administration eligible entity where the entity owns or agricultural land easement be subject to and management of the easement or will own the land prior to the an ACEP–ALE plan; contract area and ensure that the use acquisition of the agricultural land • Specified the terms and conditions furthers the functions and values for easement on the property, and the required by statute that must be which the land was enrolled. eligible entity either: addressed if the eligible entity chooses Summary of ACEP Comments (1) Sells fee title to the land to a to allow subsurface mineral The interim rule 60-day comment farmer or rancher prior to or at easement development on the land subject to the period ended March 6, 2020, and was closing; or agricultural land easement; (2) Holds fee title at the time the • extended to March 20, 2020, to provide Revised the requirement for a the public an opportunity to consider agricultural land easement is conveyed conservation plan on highly erodible the January 24, 2020, correction. on that land, and transfers ownership